Judge dismisses lawsuit against city over clearing of homeless encampments

A lawsuit filed against the city by the Coalition for Justice and Human Rights is over after a judge ruled Tuesday that the group doesn't have standing to represent homeless people in the city.

The coalition filed the lawsuit in August, claiming the eviction of homeless people from encampments violates their human rights.

The group was seeking several things from the lawsuit, including a permanent injunction to stop the city from clearing encampments when there is an inadequate number of shelter beds.

The lawsuit argued the city had breached the human rights of camp residents by closing encampments and disposing of belongings.

The group also wanted to publicly represent the rights of homeless people in Edmonton.

In response, the city said the coalition should not be given public interest standing, arguing the group does not have sufficient experience dealing with unhoused people.

In his decision, Justice J.D. Martin sided with the city, declaring the coalition did not have the experience to speak for the city's homeless population.

"Upon review of the evidence before this Court, the Coalition does not in fact bear any of the hallmarks of a party with a real stake or genuine interest in the outcome," Martin said in his written decision.

Martin added the group does not have a long or consistent history or a reputation for advocating for the rights of unhoused people.

REACTION TO THE DECISION

The City of Edmonton released a written statement after the decision.

"As we presented to the court, our lawyers felt the Coalition did not meet the legal test for standing on this matter.

"While we are pleased that the court agreed with this position, our response to this legal action is in no way intended to diminish the City of Edmonton's concern and dedication to ensuring the safety of our unhoused residents and the well-being of our communities."

"We will continue to support community agencies in their outreach work, assess and respond to encampment sites according to an established procedure, and continue our efforts to balance public safety and protect Edmonton's most vulnerable residents."

The coalition also issued statements in a news release.

"We find the decision to be highly disheartening. While we respect the legal process and the institution, we are deeply disappointed with the outcome," coalition vice-president Mark Cherrington wrote. "It seems that the courts may not fully grasp the extent of our efforts in assisting the homeless and the most vulnerable members of our community. Our engagements within the community are focused on aiding individuals at risk of homelessness. To suggest otherwise is inaccurate."

A lawyer for the coalition spoke to reporters outside court.

"This is not what we were hoping for. A lot of energy and resources went into this challenge. But we do think it has changed the city," Avnish Nanda, the lawyer for the coalition, said after the decision.

"The city changed its policy after our emergency injunction. The city is forced to account for what it does to thousands of people each year. And that would not have been possible had not been for the coalition's efforts."

Last month the group filed an emergency injunction to stop the clearing of eight encampments deemed high-risk by the city.

In response to the injunction, the judge set a list of conditions under which the encampments could be cleared.

All eight encampments have since been closed.

The Edmonton Police Service was not named in the lawsuit, but was granted intervener status in the case.

A lawyer for Chief Dale McFee also spoke outside court.

"The chief became involved because our police officers are so involved every day with this issue, and giving thoughtful, heartfelt investments into these vulnerable people every day," Jeffrey Westman told reporters, adding while the public has seen police closing encampments in recent weeks, they don't see the other work that happens in camps.

"They're engaging with these encampments on a daily basis, in a variety of different ways." "Every encampment is assessed before it is closed. Many encampments are left open. It's the dangerous ones, the ones that pose risks, not only to the occupants, but also to the community that ended up being closed."

The coalition has 30 days to appeal Tuesday's decision.

With files from CTV News Edmonton's Amanda Anderson